Terms of Service
By working with B. Woods Design, you agree to the following terms of service.
Agreements
All agreements between clients and B. Woods Design are considered a legally binding between the parties listed in the agreement.
Upon receipt of signed agreements and deposit of 1/2 of total of agreement, work commences immediately, and the final balance shall be paid upon completion.
Any additional design and programming work not contracted for in a previous written agreement, shall be invoiced at $85 per hour.
Technical Support/Support Requests
To request technical support or website updates, maintenance or other help, please send an e-mail to help@bwoodsdesign.com. Because B. Woods Design's business is mobile, phone requests are not guaranteed to be responded to immediately, so the best way to request help for any of the above areas is via e-mail.
* An online support ticket system is currently being developed, to be launched sometime in early 2010.
Estimates
The designer makes every effort to be as accurate and complete as possible on estimates. In some cases, a range estimate will be given, based on knowledge of project at time of estimate. If, upon receipt of all project elements, the designer determines the scope of the project has been changed from the originally agreed-upon concept, the project may be re-estimated. Estimate in this schedule is valid for 30 days from date of receipt.
Web Design & Consulting Service
The Designer will provide design work to the web site as specified in the above proposal. The Designer will make available to the Client all knowledge, information and expertise in its possession in performing the Services. If the Client wishes the Designer to perform any services other than those specified in the Schedule, then the Designer shall be entitled to quote the Client separately for the provision of those Services.
Client Reporting/Meetings
The Client shall make themselves or other designated persons(s) specified by the Client, nominated in writing (hereinafter referred to as the "Client Contact") available to meet in person, by phone or e-mail with the Designer when reasonably required by the Designer for the purposes of discussing the status of the Services. The Designer will consult regularly with the Client Contact and report to the Client on the status of the Services.
The client agrees to reference the schedule thoroughly to determine his/her specific responsibilities, in contributing to the success of this project. In addition, the client may be asked to complete other responsibilities, which may be created once the project begins. It is important that these are executed and the client’s signature binds him/her to fulfilling these objectives in a timely fashion.
Completion & Delivery of Services
Any delay in the completion of a project due to external forces beyond either party’s control (such as unusual transportation delays, unforeseen problems at a vendor site, computer/Internet-related issues, holidays, bad road conditions, illness/family emergencies, etc.), or actions and negligence of the client (i.e., content delivery delays), shall entitle the Designer to extend the completion and/or delivery date, upon notifying the client, by the time equivalent of such a delay.
Limitation of Liability
The Designer cannot be held liable for any consequential or special damages, such as profit losses.
Payment for Services
The Designer will provide Services to the Client and will be entitled to invoice the Client for such services at the rates specified in the Schedule. Terms for invoices are Due Upon Receipt, unless specified otherwise.
Payment Terms
Projects are billed hourly or by the project, depending on the scope of the work. Specific fees and payment terms will be detailed in your project proposal.
Invoices
Terms for all invoices are Due Upon Receipt, unless otherwise noted. A 2.5% monthly service charge is payable on all invoices over 30 days. Fees are non-refundable. Finished work not yet approved by client beyond 15 days shall be billed.
Designer may request a progressive payment option at Designer’s discretion which will be expressed in the estimate (for example: invoicing 1/2 of the estimated project fees before work begins and 1/2 due at project completion). Invoices will include (and the client shall be obligated to pay) fees or expenses that were verbally authorized. Client shall bear all costs, expenses, and reasonable attorney’s fees in any action brought to recover payment under this contract or in which I may become a party by reason of this contract.
Check Payments
All check payments must be made payable to Roberta Woods, 1774 McMenemy St., Maplewood, MN 55117. Checks payable to anyone other than Roberta Woods shall be returned to the payor and requested that they be re-submitted.
In the case of returned checks due to insufficient funds or bank account closure: There will be a $35.00 fee on all returned checks, plus any additional bank fees. Client assumes responsibility for all collection of legal fees necessitated by default in payment.
Online Payments
Payment is also accepted via secure credit card form online.
Cancellation Fees
In the event of cancellation of a project, the ownership and all copyrights of original artwork, including sketches, PDF files of layouts, and any other mockups/drafts designed by the Designer (not as provided by the Client), shall be retained by the Designer. Any usage by the client of any of the project elements will result in appropriate legal action.
A cancellation fee for work completed shall be paid by the client, as follows: 50% of total project fee for preliminary work, concepts, or comps, 75% of total project fee after preliminary work but before completion, 100% of total project fee for completed work regardless of final approval. If the Client has paid 50% upfront for the design project cost and wishes to cancel before design approval and completion, this may be retained by the Designer and counted as a cancellation fee. No refunds shall be given.
Expenses
Out-of-pocket expenses will be subject to an industry-standard markup to cover time and costs involved. Unless projected to be costly, they will not be included in estimate. Any expenses expected to be above $100 will be discussed with the Client in advance. The Client shall reimburse the designer for expenses arising from this project, including but not limited to: photography, fonts, scanning, digital proofs, production expenses, long distance, postage, travel, sales tax (when applicable), messenger services, shipping, hiring of contract writers/designers, software, web hosting, and printing fees. Items generated in-house, such as color/black & white output and DVDs/CDs, or royalty-free images from the Designer’s collection, will be billed at a flat rate fee per item, established by the Designer. Mileage is not included in billable expenses.
Authorization
Written approval or a signature from the Client on any agreement, or payment of an invoice issued as a result of a quote or estimate, indicates authorization to proceed with a project. The Client is thereby stating that he/she is a legally authorized representative and is committing to pay for all fees incurred in the production of this project and that he/she agrees to the Terms laid out between B. Woods Design and the Client, written or verbal.
Use & Security of Client Web Servers & Control Panels/Hosting File Access
If the Client wishes to use his/her own existing hosting server, the Client authorizes the Designer to obtain access to the Client's website hosting panel and files via remote access for the purpose of providing the Client with the updated files as provided in services outlined above. The Designer will not use the remote access for any purpose other than to provide the web design services proposed.
The Designer will ensure the security of the activities such as transferring files to the website server by:
A) Ensuring that no passwords are stored in easily recognizable form on the Designer's own systems in circumstances where a breach of the Designer's own internal security may reveal them;
B) Ensuring that the Client’s private information, including e-mail, website hosting panel and files are not capable of being accessed by any other system or person except with permission of the Client.
Website Updates & Maintenance
Website update/maintenance plans are available, in bundles of 5, 10, 15, and 20 hours, at a reduced fee than the hourly rate provided by Designer. Client agrees to pay Designer hourly rate for any requested updates and/or changes for ongoing website maintenance consulting, to cover work done as needed to update client’s website, if a maintenance plan is not chosen. The website’s information can be updated, changed and managed by the Designer or by the Client as needed, or by any other means (the Client’s own devices, software, or staff).
Functionality
If no maintenance plan is chosen, and client chooses to perform work on his/her own website using the Client’s own devices, software, or staff-then any updating, reverse-engineering or otherwise altering of the site files, whether in part or whole -as were provided by the Designer to the Client - the Designer is held harmless of such and does not claim liability to any damage, errors or functioning problems to the page(s) altered by anyone other than the Designer, or via the Designer’s content management systems as installed by the Designer. Website back ups are also available in the case of any problems occurring, to restore site back to an earlier, functioning state. Please ask Designer about website backup options. *
Confidentiality & Non-Disclosure
B. Woods Design pledges not to disclose to any third party or use other than for the purposes of providing website design, development and/or updates and maintenance to the Client's web site(s). Any knowledge or information obtained by either party during the development and fulfillment of such services, which are of a secret or confidential nature relating to the business, equipment, processes relating to the equipment, the products, services, process or business strategies offered or employed by the Client, shall be kept private and completely confidential between the parties.
Creative/Intellectual Property
Any work performed by B. Woods Design is considered work for hire. Under U.S. copyright law, the Designer retains ownership of the original artwork pieces created for the Client, although the Client shall be owner of the final product/implementation (i.e. a website design). Designer warrants that the work performed does not infringe any copyright or violate any property rights. Any original artwork created by B. Woods Design (design of the page, not Clients own company logos/photos) may not be reproduced without consent from the Designer.
All code parts produced during the work relationship to create the web site pages shall be owned by the designer and may be reused in future projects, although the actual implementation (website, application, etc.) of that code is solely the Client’s, and the Designer shall not reproduce that same final implementation elsewhere. The Client reserves the right to reuse, modify, transfer, or sell their implementation although the code itself cannot be resold without consent from the Designer.
Legally Licensed Images
The Client and Design mutually agree to use LEGALLY LICENSED images with design(s). If the Client does not bear rights to images, then the Designer may recommend a legal image provider. The Client hereby releases the Designer from any and all legal actions or monetary settlements arising from the Client providing the Designer with unlicensed/illegal images or content to be used for the development of design(s). The Designer DOES NOT design/use images which have royalties or copyrights tied to them, nor graphics depicting any sexual or pornographic materials or situations, actual or implied.
Approvals
The Client will be ultimately responsible for final approval of all drafts, rough and final. It is important to make all final corrections before the project goes live to avoid delays and additional fees. The designer is not liable for any work that has had final approval by the Client and is made live on the Internet. After final approval, final payment and delivery of completed project files, the order is considered complete, and the Client will be invoiced. Minor revisions are anticipated, but major design/content changes may go beyond the scope of the estimate. The Client’s approval will be obtained for any increases in fees or expenses that exceed the original estimate by 10%. Final fees and expenses will be shown when invoice is rendered. Any outsourced fees will be estimated separately and the Client will be notified in advance to determine need and budget of such.
Change Requests During Projects (new website design or re-design)
When desigining a new web site or redesigning a website, brochure, advertisement, or other design implementation project, up to three (3) revisions of each initial draft(s) will be offered during the draft phase of such projects. In the Designer's attempt to transfer the Client’s visions into real, functional designs, minor rework or adjustments of completed work may be required, at that time it is the Client’s opportunity for review and/or approval, and the designer shall work to make the changes or corrections as needed until the client is satisfied.
However, it is not within reason to request an indefinite amount of changes at no additional cost. The Designer will not rework any page(s) or site(s) an unreasonable amount of times for the price of doing it once.
* Website backup packages available at a low monthly cost. Please ask Designer for details.
Help/Support
Need any help understanding any of these terms? Please e-mail us with any questions.